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Which Industries Have the Most Sexual Harassment Reports?

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Sharon Feldman

The Equal Employment Opportunity Commission (EEOC) is the government entity responsible for collecting all types of discrimination claims, including reports of sexual harassment.

Any employee in the United States who feels they have been illegally discriminated against at work can file a charge with the EEOC, who will then investigate the claim and take any necessary action.

Unfortunately, not all instances of sexual harassment get reported.

There are many barriers that stop harassed employees from making a report, such as fear of retaliation and uncertainty of what constitutes harassment.

This means that data from the EEOC cannot possibly reflect every actual instance of harassment, but it’s a good place to start analyzing data and trying to make sense of it. One interesting data point to examine is which industries receive the most sexual harassment reports.

EEOC Data

According to EEOC data from 2005 to 2015, the ten industries with the most sexual harassment reports are as follows. Included is the percentage of total reports that each industry represents. 

  1. Accommodation and Food Services (14.23%)
  2. Retail Trade (13.44%)
  3. Manufacturing (11.72%)
  4. Health Care and Social Assistance (11.48%)
  5. Administrative/Support/Waste Management/Remediation (6.92%)
  6. Public Administration (6.48%)
  7. Professional/Scientific/Technical Services (5.73%)
  8. Transportation and Warehousing (4.94%)
  9. Finance and Insurance (3.98%)
  10. Educational Services (3.98%)

The accommodation and food services industry takes first place, which will come as no surprise to many. The restaurant industry has dealt with sexual harassment issues for years; not only do servers and hospitality workers have to deal with harassment from coworkers or supervisors, but from customers as well.

Because “the customer is always right” in the service industry, some customers are empowered to take advantage of service employees. Many customers also expect their service “with a smile”, and expect service employees to put up with anything in order to get a tip.

The issue is similar in the retail industry. Not only does harassment come from customers, but it’s another service industry which means it typically has many low paid female employees, and mostly male supervisors. An uneven gender ratio may also be the reason that the manufacturing industry comes in third on the list.

This industry typically has much higher amounts of male employees than female employees, creating an uneven power dynamic. One survey found that over 60% of women in manufacturing reported experiencing sexual harassment at work. 

Finally, let’s take a closer look at the industry in fourth place: health care and social assistance. Like the restaurant industry, the nursing industry has been speaking out about sexual harassment for years. Health care workers have to deal with potential harassment from fellow staff, supervisors, patients, and even patients’ family members.

Not only is there another group of potential harassers, but health care workers often need to physically touch their patients, which can lead to blurry boundaries. Just like in restaurants, the customers – or patients in this case – can have a sense of entitlement, thinking they deserve any type of service they desire from the employee.

Interpreting the Data

Based on the industries with the most harassment claims, there are a few factors that seem to be at play. One is the presence of customers or patients in that line of work. We see that restaurants and health care facilities deal with harassment more than others, and other data sources have shown us that both servers and nurses report harassment from these populations.

There are also other factors not seen in the data that may play a role. For one, we don’t see a breakdown of who the harassment stems from; it would be interesting to know the percentage that comes from fellow staff members versus customers or patients. Additionally, these industries may have different amounts of harassment in different parts of the country. We don’t know where exactly these issues are the most prevalent. Oftentimes local laws and company policies dictate company culture and set a precedent for what behavior is acceptable.

The next step is to continue collecting and analyzing data, spreading awareness, and encouraging proper employment laws and policies that protect employees from harassment.

About the Author: Sharon Feldman is a writer based in San Diego, California, who is passionate about safety and equality. When not writing blogs, Sharon can be found at the beach with her dog.

This blog was contributed to Workplace Fairness. Published with permission.


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Proving Sexual Harassment in the
Workplace

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As allegations of sexual harassment in the workplace continue to make the news, the question of how victims should respond remains unanswered. Even when no celebrities are involved, it can be difficult to convince those around you that a boss or co-worker is acting inappropriately.

A study conducted by Harvard Business Review found that although women’s reports of sexual harassment have decreased following the #MeToo movement, reports of gender harassment have gone up. This means that we still have a way to go, and that harassers may be acting in more subtle ways. According to a 2018 study by Pew Research Center, 69% of women who reported experiencing sexual harassment said it happened in a work setting.

As a brief refresher, the two main types of workplace sexual harassment are quid pro quo and a hostile working environment. Quid quo pro sexual harassment refers to offering something in exchange for the sexual act, such as a promotion or raise. A hostile work environment is fairly self-explanatory, but essentially means creating an uncomfortable environment due to inappropriate comments, behavior, or physical touch. All workplace sexual harassment is federally illegal under Title VII of the Civil Rights Act.

Barriers to Justice

Gathering admissible evidence is crucial to workplace sexual harassment cases. This is because most companies have a policy requiring proof “beyond a reasonable doubt.” The standard that courts use is a lower one – “preponderance of evidence” – but private companies can set their own rules. Unfortunately, this means that without a confession or witness statement, it is incredibly hard to prove harassment.

The other policy creating a barrier is confidentiality. Even if the accused is found guilty, (and if they are, they are rarely punished), no one at the company will find out. That makes it difficult for potential victims to avoid the perpetrator around the workplace.

Burden of Proof

When sexual harassment in the workplace does occur, it unfortunately falls on the victim to prove. They will need to show four things: 1) they belong to a protected class (in this case gender), 2) they have been subject to harassment/unwanted sexual advances, 3) the harassment was based on sex/gender, and 4) the harassment was severe enough to create a discriminatory or abusive workplace. The fourth point is often the hardest to prove.

Victims of harassment will need to gather any evidence they can, which can be difficult. One way to establish a pattern of harassment is to simply document it privately. While the ideal evidence would be an email, text, video, or audio recording, that’s difficult to obtain.

If you are experiencing harassment at work, no matter how minor, you should begin documenting it. Every single time an instance occurs, write it down. Create a document or use your phone’s notes app to start a list. Write down as much information as possible, such as: the date, time, who was involved, what was said/done, were there any witnesses. If there were witnesses, that will help your case.

Retaliation

Retaliation is a very important issue in the world of workplace harassment. It is defined as any action that may deter someone from participating in an activity protected by antidiscrimination laws. A 2020 study conducted by the U.S. Equal Employment Opportunity Commission (EEOC) found that 55.8% complaints that year related to retaliation after reporting workplace sexual harassment.

A famous example in the news would be the Harvey Weinstein case. Because Mr. Weinstein had authority over the careers of the women he harassed, he was able to allegedly threaten retaliation if they spoke up. Unfortunately, just like sexual harassment, retaliation is very difficult to prove without hard evidence. If you experience harassment or retaliation in the workplace, remember to take detailed notes and establish a pattern of behavior – then report it.

This blog was printed with permission.

About the Author: Sharon Feldman is a writer based in San Diego, California, who is passionate about safety and equality. When not writing blogs, Sharon can be found at the beach with her dog.


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WALMART, INC. TO PAY $20 MILLION TO SETTLE EEOC NATIONWIDE HIRING DISCRIMINATION CASE

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Retail Giant to Cease Physical Abilities Testing Which Disproportionally Excluded Female Order Filler Applicants, Federal Agency Charged

LOUISVILLE, Ky. – Walmart, Inc. will pay $20 million, stop using a pre-employment test, and furnish other relief to settle a companywide, sex-based hiring discrimination lawsuit filed by the U.S. Equal Employ­ment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, Walmart conducted a physical ability test (known as the PAT) as a requirement for applicants to be hired as order fillers at Walmart’s grocery distribution centers nationwide. The EEOC said the PAT disproportionately excludes female applicants from jobs as grocery order fillers.

This alleged conduct violates Title VII of the Civil Rights Act of 1964, prohibits employment discrimination based on sex, including the use of tests administered to all applicants and employees regardless of sex but that cause a discriminatory effect or impact on persons of a particular sex or any other demographic category. Employers using such tests must prove the practices are necessary for the safe and efficient performance of the specific jobs. Even if this necessity is proven, such tests are prohibited if it is shown there are alternative practices that can achieve the employer’s objectives but have a less discriminatory effect.

The EEOC filed suit in the U.S. District Court for the Eastern District of Kentucky, London Division. (EEOC v. Walmart, Inc., Case No. 6:20-cv-00163-KKC) on Aug. 3, 2020, after first attempting to reach a settlement through its prelitigation voluntary conciliation process. The parties reached agreement and filed a joint motion to approve a consent decree that same day. The motion was approved by the court and the consent decree was entered on Sept. 9, 2020.

The consent decree requires Walmart to cease all physical ability testing currently being used for purposes of hiring grocery distribution center order fillers. The decree also requires Walmart to pay $20 million into a settlement fund to pay lost wages to women across the country who were denied grocery order filler positions because of the testing.   

Michelle Eisele, EEOC Indianapolis district director said, “One of the EEOC’s six national priorities is eliminating barriers in recruitment and hiring. Employers need to ensure their testing and screening practices do not discriminate against any group.”

“The parties were able to reach an early resolution of this case due to Walmart’s willingness to engage in settlement discussions. Distribution center jobs provide good career opportunities for women when sex-based barriers to hiring for those jobs are removed,” said EEOC Regional Attorney Kenneth L. Bird.

“Walmart operates 44 grocery distribution centers nationwide. Elimination of the PAT will allow more women to obtain a relatively high-paying entry-level position at one of these centers – a necessary first-step toward advancement,” added EEOC Senior Trial Attorney Aimee L. McFerren.

The Louisville Area Office of the EEOC is part of the EEOC’s Indianapolis District, with jurisdiction over Indiana, Kentucky, Michigan, and parts of Ohio.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

This blog was originally published by the U.S. Equal Opportunity Employment Commission on September 10, 2020. Reprinted with permission.


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Kamala Harris announces equal pay plan: Fine companies that pay women less

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Women are still paid only 80 cents for every dollar men are paid, with black and Latina women paid substantially less—and Sen. Kamala Harris has unveiled a plan to change that. Harris is pledging that, if elected president, she would fine companies that pay women less than men for comparable work.

Companies would have to get an “Equal Pay Certification” from the Equal Employment Opportunity Commission, and if unequal pay kept them from getting certification, the EEOC would fine them 1% of profits per 1% of wage gap. “It should not be on that working woman to prove it. It should instead be on that large corporation to prove that they are paying people for equal work, equally,” Harris told CNN.

The unequal pay fines collected under Harris’ plan would go toward universal paid family and medical leave. Like her plan to strengthen gun laws, Harris would address equal pay through executive action—an acknowledgement that the Senate may continue to be a blockade for progressive policies.

Other 2020 presidential candidates who are in Congress have co-sponsored the Paycheck Fairness Act, but Harris has now jumped out in front of the field on this issue.

This blog was originally published at Daily Kos on May 20, 2019. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos.

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187 Republicans vote against bill to close the gender wage gap

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The House on Wednesday voted 242-187 for a bill that would strengthen protections for female workers and help close the gender wage gap. The vote comes as Republicans are trumpeting themselves as the champions of women’s economic mobility — though only seven of them voted for the bill.

Iterations of this legislation have been debated by lawmakers for decades but have never actually been able to pass. The bill, sponsored by Rep. Rosa DeLauro (D-CT), seeks to boost women’s pay by prohibiting employers from seeking job applicants’ salary histories and preventing them from retaliating against workers for disclosing their wages. It also would require the Equal Employment Opportunity Commission (EEOC) to collect wage data based on sex, race, and national origin to better determine whether employers are responsible for discriminatory practices. The House passed the bill on Wednesday despite Republicans’ opposition, but it now faces an uncertain future in the GOP-controlled Senate.

The House Education and Labor Committee voted to advance the legislation earlier this week. Every single Republican opposed moving the bill out of committee, with many saying the focus should instead be on providing more job opportunities for women.

Republicans often like to point to data showing that women gained 58 percent of new, private-sector jobs in 2018. Trump touted the figure in his State of the Union address in February, and Republicans in the Education and Labor Committee again brought it up when discussing the Paycheck and Fairness Act.

But many of the jobs gained by women are part time, and nearly 80 percent of them fell into just four categories: education and health services, professional and business services, leisure and hospitality, and manufacturing. In three of those industries, women make less than 80 cents for every dollar a man earns, or worse than the average national wage gap, according to a 2018 analysis by the Center for American Progress analysis. (Editor’s Note: ThinkProgress is an editorially independent newsroom housed at the Center for American Progress Action Fund.)

Jocelyn Frye, a senior fellow at the Center for American Progress who focuses on work-family balance, pay equity, and women’s leadership, said, “It’s not to discount that women have received jobs and obviously want jobs but there is a disconnect. It’s not responsive to the question [of pay inequality]. The fact that you gave the jobs doesn’t change the fact that the jobs are underpaying women.”

Republicans, meanwhile, have been looking for ways to appeal to greater numbers of women voters, particularly since their support among women plummeted in the 2018 midterm elections.

In November, 59 percent of women voted for Democrats in the congressional elections, according to exit poll data. Only 40 percent of women voted for Republicans. There was no measurement for how nonbinary people voted across race or educational attainment. Black and Latina women overwhelmingly voted for Democratic candidates.

Although there was a roughly even split for how white women voted, 59 percent of college-educated white women and 56 percent of white voters ages 18 to 29 voted for Democrats. Experts say these shifts likely represent a long-term trend.

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Kelly Dittmar of the Center for American Women and Politics, part of the Eagleton Institute of Politics at Rutgers University, said the shift likely isn’t about Trump alone, but about the broader Republican Party.

“My hypothesis at this moment is that it is actually a trend because there were signs of this trend before Donald Trump, it’s just that you saw it through an acceleration I think — the departure of these women,” Dittmar said. “I think you’ll continue to see it because these women who are particularly upset with how the party has dealt with Donald Trump, it certainly leaves a taste in their mouth about the party overall.”

She added, “If you put these women on a scale when it comes to immigration or guns or the environment, their positions on these issues are just not aligned with the current agenda and leadership in the Republican Party.”

Democratic pollster Celinda Lake said that when looking at women who vote in the general election, college-educated and suburban women are identifying as more independent and Democratic. She said three major waves encapsulate that movement.

The Republican Party’s position on social issues — including birth control, Title IX, and sexual harassment and violence — led to some women moving away from the Republican Party in 2016. The second wave emerged as voters reacted to Trump’s racist and sexist behavior, as well as how he governs.

“The third wave, which is more recent, is a sense that the country is going in the wrong direction, that the priorities are wrong, that we are not dealing with everything from health care to climate change,” Lake said.

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Lake said that for female voters, including Republican women, equal pay is high on the list of concerns, along with domestic violence programs. The reauthorization and expansion of the Violence Against Women Act is on the House agenda this session. But Rep. Brian Fitzpatrick (R-PA) is the only Republican in the House who is cosponsoring the bill and the only Republican who has shown support for the bill by attending its introduction.

“There’s a very high correlation between concerns about sexual harassment and concerns about domestic violence and concerns about equal pay.” Lake said. “And equal pay is still the most salient of the three with women overall. And it’s particularly salient with Republican women who are very adamant about equal pay and that it remains a problem.”

Dittmar said that across gender, voters are concerned about economic stability and the well-being of their families. But they are divided over who is responsible. She explained that college-educated women who identify as Democrats tend to say the government plays a role but Republicans tend to say it’s up to businesses to address equal pay.

“Broadly I think there is pretty high popularity for wanting to address equal pay but it’s in the how where you see the disparity both among legislators as well as the public,” she said.

Ariane Hegewisch, program director of employment and earnings for the Institute for Women’s Policy Research, said these measures are necessary to ensure workplace fairness.

“What the Equal Pay Act recognizes and what the Paycheck Fairness Act is trying to update 50 years on to more current circumstances is that there is discrimination in the labor market and if you just rely on what people are paid now, you are going to pick up discrimination and import it into your organization,” she said. “You have to pay people the same if they do the same job and have similar education, experience and performance. You can qualify their personal performance but it has to be fact based.”

According to the Institute for Women’s Policy Research, it will take until 2059 for women to reach pay parity if change continues at the current pace. Black women would have to wait until 2119 for equal pay, and Latina women until 2224.

“After what I would call a wave election in 2018 where women were elected to historic numbers in Congress, people have very high expectations of what they are going to get from lawmakers and it is not acceptable simply to say I support equal pay but I have nothing to show for it,” said Frye.

This article was originally published at ThinkProgress on March 27, 2019. Reprinted with permission. 

About the Author: Casey Quinlan is a policy reporter at ThinkProgress covering gender and sexuality. Their work has also been published in The Establishment, Bustle, Glamour, The Guardian, and In These Times.


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The Legal Foundation for Age Discrimination Claims

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In 2009, an Arizona fire department laid off its two oldest firefighters. John Guido, 46, and Dennis Rankin, 54, believed their age played a role in the layoffs. But when Guido and Rankin filed an age discrimination lawsuit, the Mount Lemmon Fire District argued the men weren’t covered by federal age discrimination protections. The department claimed that they employed fewer than 20 people, so the Age Discrimination in Employment Act of 1967 (ADEA) did not apply to their employees.

Nearly a decade later, the Supreme Court weighed in on the case. Their ruling found that all public employees, including those working for local, state, or the federal government, receive protections under the ADEA, regardless of the department’s size.

While this recent ruling clarified the scope of the ADEA, it may do little to stop age discrimination in the workplace. Millions of workers face age discrimination every day. In a recent AARP study, over 60 percent of workers aged 45 and older had witnessed or experienced age discrimination at work. In spite of the prevalence of age discrimination, AARP reports that only 3 percent of older workers report filing a complaint about age discrimination, either internally to their employer or to a government agency.

Many workers may simply lack information about their legal protections. Age discrimination falls into an unusual legal category compared to other forms of discrimination, and recent legal rulings have shaped future ADEA cases. In the 1960s, the federal government passed ADEA and Title VII. Both granted protections from workplace discrimination. While ADEA covered employees over the age of 40, Title VII protected employees from discrimination on the basis of race, color, religion, sex, and national origin.

For its first decade, the Department of Labor enforced ADEA complaints, while the newly created Equal Employment Opportunity Commission (EEOC) handled Title VII violations. In 1979, the EEOC took over responsibility for ADEA complaints, bringing Title VII discrimination under the same agency as age discrimination. Critically, the different legal foundation for age discrimination shapes the protections workers receive.

Victoria A. Lipnic, acting chair of the EEOC, claims that the perception that age discrimination is fundamentally different from other forms of discrimination negatively influences ADEA jurisprudence. Lipnic cites a Fourth Circuit Judge who argued in 2018, “age is different because we are all going to get old … but when you’re talking about gender or race or ethnicity those are immutable characteristics as the Supreme Court has said. But it’s a little bit different because all of us are going to be older or elderly one day.” Lipnic contends, in contrast, that all forms of employment discrimination derive from stereotypes of prejudices about the targeted group. While historic differences shape those prejudices, those differences should not result in fewer protections from older workers.

However, a 2009 Supreme Court decision made it more difficult to prove age discrimination compared with other forms of discrimination. The ruling held that employees filing age discrimination suits must demonstrate that if not for their age, they would have received a job offer or not been laid off. This “but for” standard makes it challenging for employees to prove age discrimination. As Laurie McCann, an AARP Foundation senior attorney, told the Washington Post, “It’s rare for an employer to say, â€I don’t want to hire you or I am going to fire you because you are too damn old.'”

In spite of the more difficult standard for proving age discrimination, the EEOC has settled multiple ADEA claims for substantial amounts. Sprint Nextel paid $57.5 million to setting an ADEA claim. Texas Roadhouse settled an age discrimination in hiring suit for $12 million, while Livermore National Laboratory settled a class action for $37.5 million. In the largest ADEA suit in the law’s history, the California Public Employees’ Retirement System paid a settlement of $250 million.

In addition to federal laws, many states and local governments have also passed age discrimination protections. These laws may offer additional protections above the federal standard. The New York State Human Rights Law, for example, prohibits discrimination against anyone over the age of 18 on the basis of age. Rather than protecting only workers over 40, as the ADEA does, this law extends age discrimination protections to all adult workers.

Age discrimination is a growing problem for employees. As an Urban Institute report found, in 1998, 33% of workers reported being forced or partially forced to retire. By 2014, that number grew to 55%. These cases, where older workers feel pressured to retire, can violate age discrimination protections.

By understanding the legal environment for age discrimination claims, employees can protect their rights and decide whether to file a claim. As with any other employment violation, employees may wish to consult with an attorney before proceeding.

About the Author: Charles Joseph is an employment lawyer with over two decades of experience. He founded Joseph and Kirschenbaum, a firm that has recovered more than $120 million for clients, and Working Now and Then, a resource on workers’ rights.


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EEOC reports (mostly) positive developments on sexual harassment

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The Equal Employment Opportunity Commission reports that formal complaints of sexual harassment complaints are up significantly from 2017. The EEOC is also litigating substantially more harassment cases.

Amid the uptick in reported harassment, there is evidence that men are changing their behavior – in good and bad ways. While the impact of the #MeToo movement has mostly been positive, some leery men are going to the other extreme and avoiding female co-workers completely.

Formal harassment complaints and lawsuits have increased

The EEOC says it is leading the way in combating workplace sexual harassment. Through outreach and education, as well as through investigation and enforcement, the agency believes it’s making an impact:

  • Formal sexual harassment charges in fiscal year 2018 increased by more than 12 percent from 2017.
  • Reasonable cause findings increased by 23 percent and successful conciliations by 43 percent.
  • In complaints not resolved through mediation, the EEOC has filed 41 sexual harassment lawsuits, a 50 percent increase.
  • The EEOC recovered $70 million for victims in FY 2018, an increase of 47 percent.

In the aftermath of #MeToo, traffic to the EEOC website doubled in the past year as both employees and employers sought information on dealing with workplace harassment. The agency conducted hundreds of outreach events to educate individuals and employers

Some men are taking the wrong message from #MeToo

Overall, the #MeToo movement has affected real and positive change. More women (and men) are confronting abuse and reporting sexual harassment rather than quietly tolerating it. Employers, including government agencies, are re-examining their policies and doing more trainings. Habitual and egregious offenders are being fired or otherwise suffering real consequences.

At least anecdotally, males in the workplace are changing their behavior, out of self-preservation if not because they genuinely “get it.” From sexual come-ons and inappropriate touching and to sharing sexual jokes or pictures, men appear to be getting the message.

But there has been some unexpected backlash from the #MeToo campaign. Some men in positions of power are intentionally avoiding or excluding female counterparts to avoid being accused of harassment. For example, women may not be invited to key meetings or after-hours events. Some men say they will no longer mentor women or hire female assistants. Some go so far as to avoid riding in an elevator or vehicle with female co-workers.

This overreaction has the unintended consequence of limiting opportunities for women and creating barriers. Such behavior can rise to the level of retaliation, sex discrimination or creating a hostile work environment.

This blog was originally published by Passman & Kaplan, P.C., Attorneys at Law on October 22, 2018. Reprinted with permission. 

About the Authors: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.


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One year after the Weinstein story broke, sexual harassment claims are up 12% nationwide

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Exactly one year ago today, the New York Times published its first investigation into sexual harassment allegations against Harvey Weinstein.

Given the number of think pieces written about the public’s ever-shrinking attention spans and the ever-rising churn of the news cycle’s speed, it is astonishing that anyone is still talking about Harvey Weinstein at all, let alone that the revelations about his alleged behavior — coercive, manipulative, violent, tyrannical — would spread so far beyond the confines of Weinstein and his accusers.

Much of the change catalyzed by the Weinstein story, and this past year of a reinvigorated #MeToo movement, is still ongoing and impossible to quantify. But some preliminary data points are emerging. On Friday, the Equal Employment Opportunities Commission reported that sexual harassment claims were up 12 percent this year, compared with the 2017 fiscal year.

The EEOC also announced via press release that it had filed 66 harassment lawsuits in the last year — an increase of 50 percent from the year before.

As Variety reports, only a fraction of the total number of harassment claims in the U.S. are ultimately reported to the EEOC. Still, “the trend lines are telling. Over the previous seven years, harassment claims had declined from 7,944 in 2010 to 6,696 in 2017. The EEOC’s preliminary data shows an increase to about 7,500 claims in 2018, the highest level since 2012.” And state data released by California and New York shows an “even more pronounced” pattern.

Even with the dramatic uptick, we’re not quite at post-1991-Anita-Hill-hearings levels just yet: EEOC data has the number of claims rising 52% in 1992.

This blog was originally published at ThinkProgress on October 5, 2018. Reprinted with permission. 

About the Author: Jessica M. Goldstein is the Culture Editor for ThinkProgress.


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Walmart sued for alleged discrimination against pregnant workers

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Federal regulators have filed a lawsuit against Walmart claiming the retailer forced pregnant workers to take unpaid leave and refused their requests for less physically demanding duties.

Companies are required by law to accommodate employee pregnancies the same way they would disabilities, according to an article on the lawsuit published by Reuters. The suit was filed Friday on behalf of Alyssa Gilliam and several other female employees.

In her complaint, Gilliam said she became pregnant in April 2015, at which point she requested “light duty or transfer to a less physically demanding job” to avoid any heavy lifting that might endanger her pregnancy. She said she was told “light duty” was only available “to employees on workers’ compensation.”

Gilliam claimed her requests for a chair, shorter work days, or additional breaks were also denied. She said that eventually, she was forced to transfer to a part-time job within the company, resulting in a pay cut and loss of benefits.

In November 2015, Gilliam said she submitted a doctor’s note to the company identifying a five pound lifting restriction. Walmart, in response, immediately placed her on unpaid FMLA (parental) leave, two full months before she was due to deliver.

The company allegedly denied requests for accommodations for other pregnancy-related medical restrictions made by other pregnant employees at the distribution center, the suit argues.

By contrast, Walmart “accommodated non-pregnant employees who were similar in their ability or inability to work.”

“For example, Defendant accommodated [distribution center] employees who had restrictions due to work-related injuries by providing them with light duty,” the suit reads.

“Defendant deprived Gilliam and a class of female employees of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex and pregnancy.”

Julianne Bowman, the EEOC’s district director in Chicago, said in a statement Friday that Walmart’s alleged refusal to accommodate the pregnant workers amounted to a violation of federal law.

“What our investigation indicated is that Walmart had a robust light duty program that allowed workers with lifting restrictions to be accommodated,” she said. “But Walmart deprived pregnant workers of the opportunity to participate in its light duty program. This amounted to pregnancy discrimination, which violates federal law.”

The EEOC said it is seeking “full relief, including back pay, compensatory and punitive damages, and non-monetary measures to correct Walmart’s practices going forward.”

In a statement Friday, Walmart spokesperson Randy Hargrove responded to the suit, saying the company’s anti-discrimination policies were in full compliance with the law.

“Our accommodations policy has been updated a number of times over the last several years and our policies have always fully met or exceeded both state and federal law,” he said.

The nation’s largest private employer, Walmart is reportedly facing similar lawsuits in other states, including Illinois and New York. In May last year, Hargrove issued a statement insisting the company was “a great place for women to work.”

According to Reuters, the company requested to have the Illinois suit tossed out earlier this year, but was denied. The New York suit is currently pending.

This article was originally published at ThinkProgress on September 22, 2018. Reprinted with permission. 

About the Author: Melanie Schmitz is an editor at ThinkProgress. She formerly worked at Bustle and Romper. Send her tips here: mschmitz@thinkprogress.org.


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What activities are protected from whistleblower retaliation?

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Federal employees have strong — but not unlimited — whistleblower protections. There is too much at stake if you have built a career working for the U.S. government. Before you report wrongdoing or exercise employment rights, you of course want to be sure you won’t jeopardize your job, your benefits and your career.

Namely, it is important to know which activities are specifically protected from retaliation. Some protections are universal for all federal employees, and other whistleblower rules are agency-specific.

Protected whistleblower activities under federal employment law

The follows actions and activities are protected from termination and other forms of whistleblower retaliation:

  • Reporting to your employer a criminal act, law violation, fraud, waste or mismanagement of government funds, abuse of authority, substantial and specific danger to public safety, or threats to the integrity of scientific research such as censorship or manipulation of data
  • Refusing to engage in an unlawful practice, if you have informed your employer that you believe it violates the law
  • Cooperating with internal investigations, including testifying, assisting the investigation or preparing to do so.
  • Testifying before Congress, the EEOC or any federal or state proceeding (or preparing to)

Up to one-third of whistleblowers experience some retaliation

This is a simplified and not exhaustive list of protected activities under the Whistleblower Protection Act and the Whistleblower Protection Enhancement Act. An attorney who specializes in federal employment law can advise on the procedures and protections specific to your agency and your circumstances.

Under the WPEA, you are protected if you report wrongdoing to a supervisor or coworker who participated in the unlawful activity. You are also protected if others have previously reported the same or similar wrongdoing.

You are not protected from adverse employment actions that are unrelated to your disclosures. But all too often, demotions, revocation of security clearance or other adverse actions are veiled and trumped-up retaliation for bringing scrutiny to unlawful activity. And that is exactly what the federal whistleblower laws are designed for.

About the Authors: Founded in 1990 by Edward H. Passman and Joseph V. Kaplan, Passman & Kaplan, P.C., Attorneys at Law, is focused on protecting the rights of federal employees and promoting workplace fairness.  The attorneys of Passman & Kaplan (Edward H. Passman, Joseph V. Kaplan, Adria S. Zeldin, Andrew J. Perlmutter, Johnathan P. Lloyd and Erik D. Snyder) represent federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies, and also represent employees in U.S. District and Appeals Courts.


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